Copyright Case Transferred to California Where Alleged Infringement Occurred

2 12 2015

Chicago IP Litigation

November 2, 2015

David R. Donoghue

Fasoli (a/k/a Jaz) v. Voltage Pictures, LLC, 14 C 6206, Slip Op. (N.D. Ill. Dec. 22, 2014) (Gettleman, J.).

Judge Gettleman granted plaintiffs’ motion to transfer this copyright case involving plaintiffs’ copyrighted mural “Castillo” to the C.D. California. Of particular note, the Court held as follows:

  • The Court did not afford plaintiffs’ choice of forum significant weight because Chicago had no particular connection to the dispute. The filming occurred in Romania and other work on the film was done in Los Angeles. Furthermore, no plaintiff resided in the Northern District.
  • The C.D. California had a relationship to the dispute because many of the continuing infringing activities were occurring in Los Angeles.
  • Additionally, more documentary evidence and potential witnesses were in C.D. California.
  • Finally, the C.D. California was well equipped to handle the claims and its median time to trial – 21.3 months – was faster than the Northern District’s – 35.4 months.

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